GAURIVANDANA IP

Introduction As a business grows, protecting its intellectual property becomes increasingly important. One of the critical steps in protecting a business's brand is ensuring that its trademark is owned by the company rather than individual founders or other entities. This allows the business to fully leverage the trademark as an asset, ensuring legal clarity and strengthening the brand identity. In this blog, we’ll walk through the process of transferring or assigning a trademark from individual owners (like founders) to their company. We’ll use the case of "I" a company founded by R and A as an example to illustrate the process. What is Trademark Assignment? Trademark assignment refers to the legal transfer of ownership of a trademark from one party (the assignor) to another (the assignee). The assignor gives up all rights to the trademark, and the assignee gains full ownership of the trademark, including the right to use and protect the brand. This transfer can be parti...

Patent law is fundamentally based on the principle of novelty, which ensures that only new and inventive ideas are granted patent protection. However, how novelty is assessed can differ between jurisdictions. In this article, we will explore two distinct approaches to novelty in patent law: strict novelty and relative novelty, and understand the implications of each for inventors seeking patent protection. What is Strict Novelty? Strict novelty is a patent requirement where an invention is considered novel only if no prior disclosure of the invention exists, anywhere in the world, before the filing date of the patent application. Under a strict novelty system, the invention must be entirely new, and the invention’s novelty is assessed against any prior public disclosure regardless of its location or the identity of the person who disclosed it. In a strict novelty regime, any prior art (whether published in the same country or abroad) that discloses the invention in full will destroy th...

In patent law, the concept of multiple priorities and partial priorities can significantly influence the scope of patent protection an applicant can secure. These legal provisions allow applicants to claim priority from multiple earlier applications and, in some cases, from only parts of an invention disclosed in earlier filings. While these provisions provide flexibility and broader protection, they also require a nuanced understanding of the underlying rules, particularly in jurisdictions like Europe. Let’s break down these concepts and explore how they work in the context of the European Patent Office (EPO). 1. Multiple Priorities Multiple priorities refer to a situation where a single patent application claims priority from more than one earlier application. This concept is most commonly seen in situations where an invention is disclosed in multiple parts or embodiments, each of which may have been filed in different countries. Key Points on Multiple Priorities: Multiple Applicatio...

Effective Filing Dates in Patent Law In the world of patents, the effective filing date is a crucial concept that can make or break a patent application. It determines the priority of an invention, which plays a significant role in determining its novelty and whether it can be granted patent protection. Whether you're an inventor, entrepreneur, or patent professional, understanding how effective filing dates work is essential for navigating the complexities of patent law. What is an Effective Filing Date? The effective filing date of a patent application is the date that is used to determine the priority of the application. This date is fundamental because it helps assess whether the invention is novel and free from prior art. If any similar inventions were publicly disclosed before the effective filing date, they may impact the patentability of the invention. Here’s how the effective filing date is defined and determined in different scenarios: 1. Initial Filing Date: The most str...

Understanding Post-dating and Anti-dating in Patent Applications In the realm of intellectual property, particularly patent law, post-dating and anti-dating are crucial concepts that can significantly impact the patent’s priority date and overall protection. These terms refer to manipulating the filing date of a patent application—either by moving it forward (post-dating) or backward (anti-dating). Understanding how these concepts work, both in India and internationally, is essential for patent applicants to ensure compliance and maximize the protection of their inventions. What is Post-dating? Post-dating refers to the practice of changing the filing date of a patent application to a later date. This practice is legal in some jurisdictions under certain conditions, providing flexibility for the applicant to complete their application after the initial filing. In India, post-dating allows applicants to request a later date for the patent filing, typically within six months of the origi...

How the Business Model Canvas Helps You Build a Solid Foundation Starting a business isn’t just about having a great idea—it’s about making sure that idea translates into a sustainable, profitable model. Many startups fail not because of the idea, but because they lack a solid plan to bring it to life. One tool that can change the game for aspiring entrepreneurs is the Business Model Canvas (BMC). Think of the BMC as your roadmap to success, guiding you through every step of building your business. But why is it so important? Let’s dive in. What is the Business Model Canvas (BMC)? The Business Model Canvas is a strategic tool designed to help you outline, visualize, and iterate your business plan on a single page. It strips down the complexity of business planning into nine simple blocks, each representing a key aspect of your startup: Customer Segments Value Propositions Channels Customer Relationships Revenue Streams Key Resources Key Activities Key Partnerships Cost Structure This s...